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HomeMy WebLinkAboutcc min 1985/12/03 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Tuesday, December 3, 1985 Council Chamber 4:00 p.m. Public Services Building ROLL CALL MEMBERS PRESENT: Mayor Cox; Councilmembers Malcolm, Moore, Scott, McCandliss MEMBERS ABSENT: None STAFF PRESENT; City Manager Goss, City Attorney Harron PLEDGE OF ALLEGIANCE TO THE FLAG, SILENT PRAYER The Pledge of Allegiance to the Flag was led by Mayor Cox, followed by a moment of silent prayer. 1. APPROVAL OF MINUTES - None. 2. SPECIAL ORDERS OF THE DAY - None. 3. WRITTEN COMMUNICATIONS a. REQUEST FOR VARIANCE ON PROPERTY LOCATED AT 1097 OLEANDER - Michael Patrick Wheeler, 1097 Oleander Avenue, Chula Vista 92010 Mr. Michael Wheeler, the occupant residing at 1097 Oleander Avenue, failed to correct the violation of the Municipal Code by maintaining a building within the required front yard setback of 15 feet. He has been granted extension of times to abate the nuisance. Mr. Wheeler requested reconsideration of this matter. City Manager Goss recommended the request be filed and the decision not reconsidered. MSUC (Malcolm/Moore) approve the staff's recommendation. b. REQUEST TO CONTRACT WITH COUNTY OF SAN DIEGO TO PROVIDE NOISE CONTROL SERVICES - Gary Stephany, Chief, Division of Environmental Health Protection, Department of Health Services, 1700 Pacific Highway, San Diego 92101 MINUTES 2 December 3, 1985 City Manager Goss informed the Council that while the City of Chula Vista and its Building and Housing Department has the capability to monitor and enforce the City's noise ordinance, it probably would be worthwhile to evaluate the services available through the County. He recommended that this be referred to staff for a report. MSUC (Malcolm/Moore) to approve the staff's recommendation. c. REQUEST TO APPOINT A REPRESENTATIVE TO SERVE ON THE CITIZEN'S ADVISORY COMMITTEE - H. E. Sorlie, County Department of Public Works, Building 2, 5555 Overland Avenue, San Diego 92123 The City Manager recommended that an appointment be made to the County Citizens Advisory Committee in connection with revisions to the County Solid Waste Management Plan. MSUC (Malcolm/Moore) to approve the staff's recommendation. REQUEST FOR RECONSIDERATION OF ITEM 3a Mr. Michael Wheeler requested to speak on item 3a regarding the request for a variance. MSUC (Cox/Scott) to reconsider item 3a. Mr. Wheeler referred to his petition submitted to the Council and signed by residents in the immediate area of his home stating they have no objections to his garage being built within the setback area. Mr. Wheeler compared the construction of his garage with that of the additions to the house at 885 Country Club Lane. Ms. Wanda Eaton, log7 Oleander Avenue, Chula Vista, 92010, stated she is a developer and has inspected the house at 885 Country Club Lane declaring there were numerous violations of all setback areas. Mr. Eugene Hunt, 1091 Oleander Avenue, Chula Vista, 92011, stated the garage is a beautiful building and affords him much privacy. Therefore, he requested it be allowed to stand. Discussion followed in which the Council indicated approval of this request would set a precedent since Mr. Wheeler's construction is a violation of the City's ordinance. In response to the Council's questions, Director of Building and Housing Grady explained a permit was filed by Mr. Wheeler but never finalized by the department due to the setback violations. MINUTES 3 December 3, 1985 MS (Cox/McCandliss) to continue this for one week and ask staff to come back with a comparison of the property at 855 Country Club Lane and the alleged violations of that property as opposed to this property--specifically, look for it to come back in a week or two weeks. Councilman Scott opposed the motion because of the amount of time already spent on this item and there would probably not be a full Council next week. Councilman Malcolm stated he would support the motion if it were for something other than a comparison. The motion to continue the item failed by the following vote: AYES: McCandliss, Cox NOES: Scott, Malcolm, Moore ABSENT: None MSC (Moore/Malcolm) to file this item (deny the request). (Mayor Cox opposed.) REQUEST FOR CONTINUANCE OF ITEM 8 Mayor Cox announced he received a request from the developer to continue the public hearing to December 17, 1985. Councilwoman McCandliss noted the request for a continuance was based on the fact the developer wanted more time to meet with people in the area and such a meeting has taken place. Councilman Scott remarked he checked with the City Attorney regarding the applicant's agent being employed by Merrill Lynch Realty. Due to his employment with Merrill, Lynch, Fenher, & Smith, an opinion was sought from the City Attorney. City Attorney Harron stated he checked with the Fair Political Practices Commission and a determination was made that Councilman Scott does not have a conflict of interest. This decision was based on the fact that since Merrill, Lynch, Fenner & Smith is listed on the New York Stock Exchange, in order to have material interest of financial effect, an increase/decrease of $250,000 would have to occur. It is unlikely the broker's commission in this case would reach that amount; thus, no conflict exists. Councilman Scott stated he would abstain from voting on the item if anyone in the audience requested it. MINUTES - 4 - December 3, 1985 Councilman Malcolm noted he is a member of the San Diego Country Club and has also been advised by the City Attorney that he does not have a conflict of interest on this item. Mr. Buzz Gibbs, representing Chuvila Properties, stated he would still request a continuance of this item even though he has met with many of the residents concerning the project. He would like the opportunity to meet with more of the people from this neighborhood. Councilman Scott remarked the City Council is the body to be convinced and he saw no reason for the postponement. Councilman Malcolm concurred; however, he noted the City Council has always granted a request for a continuance by any applicant. MSC (Cox/Malcolm) to allow a two week continuance to December 17, 1985 at 7:00 p.m. The motion passed by the following vote: AYES: Cox, Malcolm, Moore NOES: Scott, McCandliss ABSENT: None Ms. Billie Bull noted Mr. Gibbs stated his presentation to the Council would not change if a continuance were granted. Mr. Gene Strocco asked if the continuance could be scheduled after the first of the year--to allow residents time for the holidays. Mr. Bill Hardin told the Council he had never received notification of the public hearing and requested the City notify a wider range of the residents of the continued hearing. Councilman Malcolm suggested that residents within 1,000 feet be notified. It was moved by Mayor Cox to continue this item until January 7, 1985 at 4:00 p.m. At this time, Mr. Gibbs withdrew his request for a continuance. Mayor Cox withdrew his motion. MSUC (Cox/McCandliss) to rescind the previous action (to continue the public hearing for two weeks). MS IScott/Cox) to take item 8 out of sequence. MINUTES 5 - December 3, 1985 Councilman Malcolm stated he had advised many residents who called him that the item would be considered after the other public hearings. Councilman Scott withdrew his motion and the second agreed. PUBLIC HEARINGS AND RELATED RESOLUTIONS & ORDINANCES 4. PUBLIC HEARING APPEAL OF PLANNING COMMISSION DECISION ON CONDITIONAL USE PERMIT PCC-86-5; REQUEST TO CONSTRUCT A 75-UNIT APARTMENT PROJECT LOCATED AT THE SOUTHEAST CORNER OF FLOWER STREET AND JEFFERSON AVENUE BERT EPSTEN (Director of Planning (Continued from meeting of November 5, 1985) RESOLUTION AFFIRMING THE DECISION OF THE PLANNING COMMISSION AND THUS APPROVING CONDITIONAL USE PERMIT PCC-86-5 WHIGH WILL ALLOW THE CONSTRUCTION OF 75~UNIT APARTMENT PROJECT This being the time and place as advertised, Mayor Cox declared the public hearing open. Councilwoman McCandliss stated she had reviewed the tapes of the previous meeting regarding this public hearing. Director of Planning Krempl explained on September 25, 1985, the Planning Commission approved Conditional Use Permit PCC-86-5 for the construction of a 75-unit apartment project on 2.55 acres located at the southeast corner of Flower Street and Jefferson Avenue in the C-T thoroughfare commercial zone. The City Council was apprised of this action and has called the application up on appeal. Pending a full Council, this public hearing was continued to this meeting. Director Krempl presented transparencies noting the parking which consists of 108 on-site spaces, including 54 covered carport spaces arranged along the west, south and east boundaries of the site. The project also contains a large central courtyard/recreation area with pool and fenced tot lot. Staff's analysis is that the project is well-sited for a multiple family development of this density and layout and recommended approval. Mr. Ron Davis, 2445 Juan Street, San Diego 92110, representing the applicant, stated that the project is basically a rezoning; it is a use allowed in the C-T zone under the Conditional Use Permit MINUTES 6 - December 3, 1985 procedures; 80 units are allowed on this site and 75 are proposed; the project has met R-3 standards and represents good transitional use to the C-T zone; the use is located close to schools and food service facilities; the project does not infringe on residential properties; demand for a C-T zone is very low due to zoning depth; the new trolley station will be located within walking distance of the project; territorial rights for car dealers exist. Mr. Timothy J. Kerrigan, P.O. Box 2, San Diego 92138, representing Coldwell Banker, referred to a marketing study made of the area declaring there was no viability of this site for a commercial project. Mr. Russell Valone, Market Profiles, 409 Camino del Rio South, San Diego 92108, commented the market profile determined that the back portion of the project was not a good commercial use; a majority of rental housing has been approved for the eastern sector; this project will represent affordable housing in the City. In answer to Councilwoman McCandliss' question, Mr. Valone stated cost for rental units would be from $400 to $600 per month for one, and three-bedroom units. There being no further testimonies, the public hearing was declared closed. Discussion ensued regarding: there will be 29 units to an acre; type of renters would be young married couples and older people; noted the recreational areas and tot-lots; (Malcolm) noted over 50% of the properties in the area are zoned R-3; (Malcolm) the project would be a higher density than that allowed for Gersten and EastLake projects; suggestion for down-zoning; there should be a study of the commercial areas along Broadway; premature to make a commitment on this property at this time; development would meet higher standards of "in-filling" since it is close to trolleys and school s. Councilman Malcolm stated the project would be "selling out the City" by allowing construction of more apartments on this site. MS (Malcolm/Moore) to deny the Conditional Use Permit. The motion passed by the following vote: AYES: Malcolm, Moore, McCandliss NOES: Cox, Scott ABSENT: None MINUTES 7 - December 3, 1 985 MS (Scott/McCandliss) bring forth a report on the possibility of doing a study on commercial depth and redevelopment in the Broadway area. Councilman Moore declared his opposition towards forming another redevelopment area suggesting that community development rather than redevelopment should be proposed. The motion to bring back a report passed with Councilman Moore oppose. 5. PUBLIC HEARING PCM-86-6- CONSIDERATION OF AMENDMENT TO RANCHERO SPA PLAN TO PERMIT CHILD DAYCARE CENTERS WITHIN THE P-C ZONE--LA PETITE ACADEMY, INC. (Director of Planning) (Continued from meeting of November 19, 1985) RESOLUTION 12269 ADOPTING AN AMENDMENT TO THE TEXT OF THE RANCHERO SPA PLAN TO PERMIT CHILD DAYCARE CENTERS WITHIN THE P-C ZONE This being the time and place as advertised, the public hearing was declared open. Director Krempl explained the applicant is requesting an amendment to the Ranchero Sectional Planning Area (SPA) Plan in order to permit child daycare centers within the P-C zone. The application contemplates the establishment of a child daycare center on 1.76 acres located on the southeasterly corner of Paseo del Rey and East "J" Street presently designated for neighborhood commercial uses. On February 26, 1985, the City Council failed to adopt the amendment citing concerns over mixed use of the property and the lack of a precise plan. The applicant was encouraged to return with an actual site plan and a specific proposal for the remnant convenience store site. On February 13, 1985, the Planning Commission recommended the City Council approve the amendment, specifically the C-N zoned site located at the southwest corner of Paseo del Rey and East "J" Street. Staff concurs stating that the property in question appears well suited for the proposed use. It is appropriate to establish daycare centers as close as possible to the residents they serve, and there are presently no other facilities of this kind in the area. MINUTES - 8 - December 3, 1985 The Design Review Committee conditionally approved the site plan and elevations for the project on November 7, 1985. Included as a condition of approval is the requirement that the applicant establish a one-foot high earthen berm along the southerly property line in order to address the findings of the noise analysis. Mr. Richard Grabhorn, 9619 Chesapeake Drive, Suite lO1, San Diego 92123, commented that the project was zoned commercial and Council approval is not needed for commercial zoning; submitted transparencies of the site plan; noted ingress/egress; vehicle trip generation would be 30% greater if the project is developed commercially; no traffic concerns; 75% of the children will be pre-school therefore, no outside play areas are needed for them; other schools must have land for outside sports activities; it is a significant social issue. Ms. Dee Maloney, Vice President of Realty-La Petite Academy, Inc., 1336 Foxgrove Place, San Diego 92130, explained they have over 460 schools operating in the United States; they have been in business for 16 years; this operation is a professional center for pre-schoolers; program times vary depending on working mothers' schedules. There being no further public testimony either for or against, the public hearing was declared closed. Councilwoman McCandliss stated the question is the number of students to allow. She proposed rather than the 233 figure for the children, that Council reduce it to 175 for the first phase. This would allow La Petite to come back during their second phase to request additional enrollment. RESOLUTION OFFERI:D BY COUNCILMAN SCOTT, the reading of the text was waived by unanimous consent. AMENDMENT MSUC (Cox/Scott) amend the resolution to specify Council is approving Phase 1 which would set a limit of 175 students--any subsequent increase in population above that or subsequent phases would have to be brought back for further Council approval. The resolution, as amended, passed with Councilman Malcolm opposed. MINUTES 9 - December 3, 1985 6. PUBLIC HEARING 12270 APPEAL OF PLANNING COMMISSION DECISION ON PCC-85-24 - REQUEST TO UTILIZE 24 PARKING SPACES OF THE CHULA VISTA ALLIANCE CHURCH LOCATED AT THE NORTHEAST CORNER OF TELEGRAPH CANYON ROAD AND PASEO DEL REY CALTRANS DISTRICT ll (Director of Planning) (Continued from meeting of November 26, 1985) RESOLUTION AFFIRMING THE DECISION OF THE PLANNING COMMISSION AND THUS APPROVING CONDITIONAL USE PERMIT PCC 85-24 FOR A PARK ArID RIDE USE This being the time and place as advertised, the public hearing was declared open. Director Krempl stated that on September 25, 1985, the Planning Commission approved Conditional Use Permit PCC-85-24 for the use of 24 parking spaces at the Chula Vista Alliance Church located at the northeasterly corner of Telegraph Canyon Road and Paseo del Rey for park-and-ride use. The City Council was apprised of this action and has called the application up on appeal. The project consists of a proposal by CalTrans to construct and maintain 24 parking spaces on the southwesterly portion of the property in return for a five year lease from the church to use the spaces as a park and ride facility. The spaces would be utilized by commuters Monday through Friday, between the hours of 5:30 CalTrans reports that the average 6:30 a.m. and p.m. facility of this type is used to 50% capacity. Staff concurred with the Planning Commission recommendation adding that since this activity would generally not occur before 6:30 a.m. and would be buffered from the dwellings by the difference in elevation, they believe it would be appropriate to recommend approval based upon the condition that the conditional use permit would be subject to review if complaints were received regarding the noise. Mr. David Olsen, Pastor of the Chula Vista Alliance Church, 680 Gilbert Place, Chula Vista, discussed the Conditional Use Permit which provides for the permit to be withdrawn if any problems arise with the project. He noted general maintenance would be provided by the Church unless considerable debris is experienced, then CalTrans would be notified to maintain the property. MINUTES lO December 3, 1985 Director Krempl affirmed CalTrans has a maintenance program which will be applied to the project. There being no further testimony either for or against, the public hearing was declared closed. MSUC (Moore/Cox) to amend condition #2 that any complaint received regarding the inappropriate use, noise level and overall appearance (which) continues shall be cause for review and possible revocation. RESOLUTION OFFERED BY MAYOR COX, as amended, the reading of the text was waived by unanimous consent. Councilman Scott stated the proposed site is too far away from the freeway and it may not fit in with the neighborhood. He suggested a condition be made setting a time limit on the project. MSUC (Scott/McCandliss) that there be a "sunset clause" of two years for review (by the Council). The motion to adopt the resolution as amended passed unanimously. 7. PUBLIC HEARING CONSIDERING THE PROPOSED RATE INCREASE FOR HARTSON'S AMBULANCE SERVICE {Director of Public Safety/Director of Finance) RESOLUTION 12271 APPROVING THE NEW RATE SCHEDULE FOR HARTSON'S AMBULANCE SERVICE AND EXTENDING THE CURRENT RATE SERVICE AGREEMENT TO MONTGOMERY This being the time and place as advertised, Mayor Cox declared the public hearing open. Hartson's Ambulance Service requested a rate increase for ambulance {EMT) and paramedic {PM) services provided in the City of Chula Vista. The proposed new rates would permit Hartson to charge the same fees in the City of Chula Vista that are presently charged in the remainder of their regulated service area. The last fee increase was granted to Hartson's three (3) years ago, in November 1982. Additionally, the service contract and rate schedule would be extended to the newly annexed area, effective with its formal annexation. The annexed area's current rates are higher than the new rates proposed for Chula Vista. Staff's recommendation is to increase the rate for ambulance service from the present $144 to $164 and for paramedics from $227 to $268. It was noted this rate increase will not affect the current co-payment amount required of Medicare or Me~'T~al patients. MINUTES - ll - December 3 198~ There being no testimony either for or against, the public hearing was declared closed. RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived by unanimous consent. In answer to Councilman Moore's question, Principal Management Analyst Chase explained the proposed checks and balances for the rate increases. Councilman Scott suggested a thorough auditing in the future be made of these rates by an outside auditor. The motion to adopt the resolution passed unanimously. MSUC (Scott/Moore) at the budget hearings this year, staff bring up the subject of possible audit of those areas that the City still has control over as far as the rates are concerned along with a recommendation from staff. The Mayor recessed the meeting at this time at 6:20 p.m. The Council meeting reconvened at 6:35 p.m. 8. PUBLIC HEARING CONDITIONAL USE PERMIT PCC-86-8 REQUEST FOR PERMISSION TO ESTABLISH A SAN DIEGO COUNTY DEPARTMENT OF SOCIAL SERVICES OFFICE AT 33 NAPLES STREET CHUVILA PROPERTIES (Director of Planning) RESOLUTION APPROVING THE ESTABLISHMENT OF A SOCIAL SERVICES OFFICE AT 33 NAPLES STREET PURSUANT TO CONDITIONAL USE PERMIT PCC-86-8 This being the time and place as advertised, Mayor Cox declared the public hearing open. Director Krempl described the request to establish a San Diego County Department of Social Services (welfare) office within an existing shopping center at 33 Naples Street in the C-N zone. A public use of this nature is an "unclassified use" under the Zoning Ordinance and may be considered for location in any zone subject to City Council approval. San Diego County, as the lead agency for environmental review on this proposal, has issued a notice of exemption declaring that the project is exempt from environmental review as a Class 1 exception under Section 15301 of the California Environmental Quality Act Guidelines. MINUTES 12 December 3, 1985 On October 23, 1985, the Planning Commission, by a vote of 1-5 with one abstention, failed to adopt a motion to approve the project. Staff's recommendation was that based on certain findings, adopt a resolution approving PCC-86-8 subject to the following condition: "The site plan and elevations for the project shall be subject to review and approval by the Design Review Committee prior to the issuance of building permits." The following individuals spoke in favor of the project: Randall Bacon, Director, San Diego County Department of Social Services, 7949 Mission Center Court, San Diego 92108; Dan Hyatt, 3876 Harris Street, La Mesa 92041, {County Department of General Services); Mike Vogt, 1027 Neptune Drive, Chula Vista 92011, representing Merrill Lynch; Buzz Gibbs, 8906 Aero Drive, San Diego 92123, representing Chuvila Properties. In general, their comments were: site meets all the criteria for the Social Service Center; noted the County's efforts in obtaining a center in Chula Vista; the number of people who will be coming to this site per day; the need for a large parking area; alternate site at 690 "L" Street; rental for this facility would be $40,000 per month compared to the present facility at "L" Street $47,000 per month; ten-year lease on the site; project would be a great improvement in the area; noted landscaping proposed for the parking lot; none of the condos proposed for the adjacent lot would face the facility; people visiting the facility do so by appointment only; 175 employees proposed for center 153 on a daily basis; average of 129 cars parking daily; were slides submitted depicting the facilities in Oceanside and La Mesa; noted meetings held with residents in the area to explain the project; real issue is the people using the facility; a retail use could add 3,000 more vehicles per day to the area; 9,000 currently traveling on Naples Street; facility will be remodeled making it compatible with the area. Those individuals speaking in opposition to the project included: Gene Strocco, 7801 Mission Center Court, San Diego 92108; Michael A. Green, 43 Palomar Drive, Chula Vista; Deborah Turner, ll60 Agua Tibia Avenue; Alicia Kemp, 1036 Vista Way; Monte Weddle, 1122 Hilltop Drive; Gordon Jones, 211 Naples Street; Ruth Hart, 1118 Tobias Drive; Billie Bull, 1117 Vista Way; Richard Dinsmore, llll First Avenue; Bob Kemp, 1036 Vista Way; Charlie Holmes, 37 Angela Lane. MINUTES 13 - December 3, 1985 Mayor Cox noted the number of people in attendance opposing the project. The following is a summary of their comments: reasons for deteriorations of other welfare offices was due to the County's refusal to increase the rent; project brings no money into the neighborhood because welfare checks are mailed; it is not a nice environment for the community; does nothing special for Chula Vista; County refused to have a welfare in the Regional facility; this is an "exception to an exception" for a commercial neighborhood zone; City Council should be sensitive to the uses going into a residential neighborhood; regional use; neighbors feel it is a detriment to bring this type of facility into their neighborhood; pointed out amount of potential crimes occuring; damage to residential property; quiet neighborhood with "birds singing" would be disturbed; intrusion into residential neighborhood; there should be freeway access to such a facility; questioned what will happen when the County moves out of this facility. There being no further testimonies either for or against, the public hearing was declared closed. Councilwoman ~cCandliss stated she had viewed the County facility in Del Sol and commented the project is not compatible with this residential area. She therefore, could not support the use. Councilman Scott agreed stating that a regional use is not appropriate for a residential neighborhood area. MS (Scott/McCandliss) to deny the appeal. Councilman Moore pointed out if this project were a viable use, more traffic would be generated. Mayor Cox agreed stating that a commercial use would have a higher traffic count and the need exists to address the existing use of the site. He suggested the center should be upgraded and recommended locating the Social Services Center in the vicinity of the Social Security Office on "L" Street. The motion to deny the appeal carried unanimously. MSUC (Scott/Cox) to direct staff and the Mayor to help Social Services (department) find a new location. (Councilman Malcolm left the dais at this time.) Mayor Cox commented on the excess traffic at the intersection of Naples and Moss. MINUTES 14 - December 3, 1985 MSC (Cox/Scott) to direct staff and the Montgomery Planning Committee to take a look at whether the City couldn't more effectively accommodate the traffic by having Moss come into a 90°' angle at Naples where Alpine Avenue comes in. (Councilman Malcolm abstained.) 9. ORAL COMMUNICATIONS PRESENTATION REGARDING DEVELOPMENT OF THE SOUTH BAY CULTURAL ARTS CENTER - James H. Cusack, Project Director, The School for the Creative and Performing Arts, Sweetwater Union High School District, 820 Fourth Avenue, Chula Vista 92011 City Manager Goss reported Mr. Cusack was informed his presentation would probably not be heard right away. As he had a conflicting engagement, Mr. Cusack agreed to reschedule this presentation to January 7, at 4:00 p.m. Councilman Malcolm returned at this time. CONSENT CALENDAR (lO -16) (Items lO, 13, 15, and 16 pulled.) MSUC (Scott/McCandliss) to approve the Consent Calendar. lO. REPORT PROPOSED OPEN SPACE MAINTENANCE DISTRICT NO. 14, BONITA LONG CANYON ESTATE UNIT 1 (Director of Public Works/City Engineer) a. RESOLUTION APPROVING PRELIMINARY REPORT AND DECLARING INTENTION TO FORM OPEN SPACE MAINTENANCE DISTRICT NO. 14. (Pulled from Consent Calendar.) ll. RESOLUTION 12272 ACCEPTING THE TRANSFER OF PROPERTY TAX REVENUE FROM THE SAN DIEGO COUNTY FLOOD CONTROL DISTRICT (Director of Finance) The San Diego County Flood Control District formerly included four cities and scattered territories in eight other cities (including Chula Vista) because of annexations which had not subsequently detached from the Flood Control District. Under current law, only unincorporated territory is to be included in a County Flood Control District. MINUTES 15 - December 3, 1985 The County is holding approximately $42,066 in property tax revenue collected from parcels that have previously annexed to the City of Chula Vista. These funds will be transferred to Chula Vista on adoption of this resolution. 12. RESOLUTION 12273 DONATION OF 1953 PUMPER TO SAN DIEGO CHIEF'S ASSOCIATION'S OIL FIRE FIGHTING SCHOOL (Director of Public Safety) The Fire Department presently has a 1953, GMC Pumper which is scheduled to be surveyed in accordance with the City's equipment replacement policy. Normally, such equipment is put up for sale through the Purchasing Department. The San Diego County Fire Chiefs' Association, Training Officers' Section, has requested that this pumper be donated for use at the Oil Fire Fighting School. The Director of Public Safety reported that due to the age and difficulty in acquiring parts for repair, the 1953, GMC Pumper will, most likely, be auctioned off for approximately $2,000 to $3,000. This pumper was originally purchased from the State of California for one dollar in 1972. He recommended the GMC Pumper be donated to the Oil Fire Fighting School. 13. RESOLUTION APPROVING A COMPENSATION PLAN FOR CERTAIN UNCLASSIFIED EXECUTIVE EMPLOYEES OF THE CITY OF CHULA VISTA FOR FY 1985-86 (City Manager) (Pulled from Consent Calendar.) 14. ORDINANCE 2134 AMENDING TITLE 18, CHAPTERS 18.08, 18.12 AND 18.28 OF THE CHULA VISTA MUNICIPAL CODE BY THE AMENDMENT OR ADDITION OF VARIOUS SECTIONS AND BY THE ADDITION OF CHAPTER 18.13 ESTABLISHING PROCEDURES FOR VESTING OF TENTATIVE MAPS FOR RESIDENTIAL SUBDIVISIONS SECOND READING AND ADOPTION (Director of Planning) The new law (operational as of 1/1/86) permits a vesting tentative map to be filed whenever the existing subdivision map requires a tentative map to be filed. Generally, the law specifies that when a local agency approves or conditionally approves a vesting tentative map that approval would confer a vested right to proceed with development in substantial compliance with specified ordinances, policies, and standards. MINUTES 16 - December 3, 1985 Ordinance 2134 complies with the requirements of the law and had its First Reading on 11/26/85. 15. REPORT REGARDING DEVELOPER PARTICIPATION FOR OFF-SITE ROAD IMPROVEMENTS AND TRAFFIC SIGNAL AT THE BONITA ROAD AND FLOWER STREET INTERSECTION (Director of Public Works/City Engineer) (Pulled from Consent Calendar.) 16. REPORT GENERAL PLAN AMENDMENT FOR THE CITY OF CHULA VISTA (Director of Planning) (Pulled from Consent Calendar.) END OF CONSENT CALENDAR 10. REPORT PROPOSED OPEN SPACE NAINTENANCE DISTRICT NO. 14, BONITA LONG CANYON ESTATE UNIT 1 (Director of Public Works/City Engineer) a. RESOLUTION APPROVING PRELIMINARY REPORT AND DECLARING INTENTION TO FORM OPEN SPACE MAINTENANCE DISTRICT NO. 14. The staff's report provided the necessary background information to enable Council to initiate formation of an open space maintenance district within Bonita Long Canyon Estates, Unit 1. McMillin Development, Inc., developer of Bonita Long Canyon Estates, submitted a letter of petition on September 4, 1985, requesting formation of an open space maintenance district. McMillin will install the necessary landscaping and irrigation at no expense to the City. The landscaping will be complete and established prior to acceptance by the City on behalf of the proposed open space maintenance district. There are 199 benefiting properties (199 EDU) on the assessment rolls within the proposed district, and the estimated annual maintenance cost to be assessed each EDU is app'roximately $85. The petitioner is the present owner of all the assessed properties. The responsibility for paying the open space maintenance assessment will be conveyed with each of the benefiting properties as those properties are sold. MINUTES 17 - December 3, 1985 The recommendation is that Council: 1. Adopt a resolution declaring the Council's intention to form the proposed district in accordance with Section 17.08.160 of the Municipal Code. 2. Set January 7, 1986, at 4:00 p.m. in the Council Chambers as the date and time for a public hearing to consider the proposed formation of Open Space Maintenance District No. 14. The Mayor noted staff requested this item be continued. 13. RESOLUTION 12274 APPROVING A COMPENSATION PLAN FOR CERTAIN UNCLASSIFIED EXECUTIVE EMPLOYEES OF THE CITY OF CHULA VISTA FOR FY 1985-86 {City Manager) The resolution approves the compensation plan for the City Attorney, City Clerk, and City Manager. RESOLUTION OFFERED BY COUNCILMAN MALCOLM, the reading of the text was waived by unanimous consent, passed and approved unanimously. 15. REPORT REGARDING DEVELOPER PARTICIPATION FOR OFF-SITE ROAD IMPROVEMENTS AND TRAFFIC SIGNAL AT THE BONITA ROAD AND FLOWER STREET INTERSECTION (Director of Public Works/City Engineer) The "E" Street/Bonita Road intersection became a four-way intersection in 1977 when Flower Street was extended to intersect Bonita Road in conjunction with the Morgan-Gardner Subdivision project. This subdivision consisted of property on both sides of the Flower Street extension and north of Bonita Road {"E" Street). As a condition of approval, the developers were required to install full improvements on the north side of Bonita Road and to participate in the installation costs of a Traffic signal at the Bonita Road/Flower Street intersection. Full street improvements on the northerly half of Bonita Road were installed by the Morgan-Gardner developers adjacent to their project as required by the City Council in 1977. Their fair share of the traffic signal installation cost was estimated to be $17,500 by the City Engineer. This amount was paid by the developers prior to the approval of the City's policy for participation by private developers in the financing and/or installation of traffic signals. MINUTES 18 - Decembe~ 3, 985 With the development of their project, known as Eucalyptus Grove (CVT84-1), the developers pay additional fees estimated to be about $11,268. Their total traffic signal fee would amount to $28,768, about 35% of the total $82,000 estimated cost to install the traffic signal. The recommendation is that Council: 1. Direct staff to begin proceedings to form a reimbursement district to recover a portion of the City's cost in the installation of improvements benefiting the parcel at the southwest corner of the Bonita Road/Flower Street intersection 2o Direct staff to return with a Resolution calling for a public hearing on the formation of the proposed reimbursement district and waiving owner participation in the costs associated with the formation of the district. At the request of staff, this item was continued one week. 16. REPORT GENERAL PLAN AMENDMENT FOR THE CITY OF CHULA VISTA (Director of Planning} In FY 1981-82, the City of Chula Vista contracted with Mr. Bud Gray to perform city planning and general plan work. The two primary projects involved in the original contractual agreement were as follows: 1. Residential density standards and/or ranges for the Land Use Element of the Chula Vista General Plan, and 2. Survey, evaluation and growth and development forecast for 25,000 acres of land within the planning area's "Agricultural and Reserve Open Space" territories. Since 1981-82, the City has witnessed numerous major changes including the Bayfront Plan, establishment of the Otay Valley Road Redevelopment Area and its effectuation, continued redevelopment within the Town Centre, annexation of and development approval for EastLake I SPA, action on the E1 Rancho del Rey Specific Plan Amendment, initial construction within the Bonita Long Canyon area, the near completion of the Terra Nova project, adoption of the City's Sphere-of-Influence Plan and continued development within the central city. The territory and population of the city are about to be expanded via the annexation of Montgomery the end of this year. MINUTES 19 - December 3, 1985 Staff's recommendation was that Council authorize Mr. Bud Gray, consultant, to function as an overall project manager and authorize the issuance of a request for statement of qualifications-general planning services. In response to Councilwoman McCandliss' question, Director Krempl explained the two phase approach which would provide a scope of work for further direction and action for staff to follow. This report will be provided at the next Council meeting. MSUC (McCandliss/Cox) this be continued for one week (to December 10, 1985). 17. CITY MANAGER'S REPORT a. City Manager Goss reported that the EastLake tour is scheduled for Saturday, December 14, 1985. b. The City Manager stated the Sweetwater Union Hi9h School District Board will have docketed the school developer fees for their meeting on December 5 recommending the increase. MSUC (McCandliss/Scott) that a letter be drafted and sent to the School District asking them to continue the item (developers' fees) to their second meeting in January (January 30) and not implement the January 1 increase. Mayor Cox recommended this item be docketed for the next joint City Council/School Board meeting. City Clerk Fulasz reported Chula Vista is the host for the next meeting and she is tentatively scheduling it for the latter part of January. c. Public Information Coordinator Cox discussed the proposed commemorative coin for the City's 75th Anniversary. He requested Council approval in order to proceed with ordering the coins so they will be available for the January 4 festivities. The cost would be $2,500 for 1,O00 coins. MSUC (Scott/McCandliss) not do it (approve expenditure for commemorative coins). d. City Manager Goss noted the report on the legislation proposed for "SAFE" was submitted to the Council but not for action. He suggested this item be scheduled for next week's meeting. Mayor Cox remarked the City Selection Committee will meet next Monday (December 9, 1985) to decide how the five City representatives will be selected. MINUTES 20 - December 3, 1985 18. MAYOR ' S REPORT a. Mayor Cox acknowledged receipt of a letter from W. Scott Frazeur who is submitting his resignation from the Montgomery Planning Committee. The Mayor requested this vacancy be filled before the end of the year. b. The Mayor stated in his absence, Councilman Malcolm will be attending the Transportation Finance Advisory Committee this Friday pertaining to SB61 which sets up a taxing authority for road improvements in the City and County areas. c. The Mayor distributed packets he received pertaining to restructuring of City plan processing. He suggested staff meet with large developers to see if they would be interested in funding additional staff people in order to process developer plans in a more expeditious manner. MSUC (Cox/Moore) after the tour of the EastLake project, a number of different developers be invited to meet with staff and Council (in a Council Conference) to see if there is a solution the City could jointly work out (regarding plan processing). d. Mayor Cox noted he met with the Chief of the Bonita/Sunnyside Fire Protection District regarding annexation and relocation of their station. MSUC (Cox/Scott) to authorize staff to contact the Bonita/Sunnyside Fire Protection District staff and discuss those items. 19. COUNCIL COMMENTS a. Councilwoman McCandliss asked if City staff would be present at the County Board of Supervisors meeting regarding rezoning of 1-1/2 acres of property off Main Street near Otay Valley Road. Director Krempl indicated Planning staff could attend this meeting. MSUC (McCandliss/Scott) to have someone from Planning staff in attendance. b. Mayor Cox commented on a request for the City to set up collection sites for providing food baskets for the needy. He requested the newspapers publish a story asking residents to donate food for this cause and perhaps the City could set up collection facilities at all fire stations. MINUTES 21 December 3, 1985 MSC (Cox/McCandliss) indicate that any members of the community who would like to donate canned goods for Christmas baskets, that it will be gratefully accepted at the various fire station locations in the City. (Councilman Scott abstained.) ADJOURNMENT AT 9:09 p.m. to the meeting of December lO, 1985 at 7:00 p.m. Jennie M. e e . arm e o City Clerk .sj Deputy City Clerk 0695C/ak